New regulations on changing working positions in the People's Court in Vietnam

The Supreme People's Court has Decision 2008/QD-TANDTC dated November 26, 2021 promulgating regulations on changing working positions in The People's Court in Vietnam

New regulations on changing working positions in the People's Court in Vietnam

Subjects of application in Vietnam

According to regulations, the change of working position applies to officials and public employees who do not hold leadership and management positions at the People's Courts at all levels and have positions in the following areas:

- Management of finance, budget, State assets, capital construction investment, project management;

- Organization of staff; inspect, examine and settle complaints and denunciations;

- Emulation and Reward;

- Education and training or professional departments directly contact and handle the work of agencies, organizations, units and individuals.

The alternation of  holding leadership and management positions shall comply with regulations on cadre rotation.

Periodic terms for changing positions

The period of periodic change of working position is from 03 years to 05 years depending on the characteristics of each job and field.

For positions that periodically have to change jobs with specific professional requirements compared to other positions, stability is required, combined with specialized training of specialists in the field of work and officials working in this position have the capacity and prestige, successfully complete the assigned tasks every year or more, the unit's leaders can decide the period of periodic change of positions for more than 5 years.

Performance methods of changing positions

The change of working position includes:

- Transfer of working positions with the same expertise and profession from one department to another in the agency or unit;

- Between fields and areas assigned to monitor, be in charge and manage (hereinafter referred to as internal transformation);

- Between agencies and units within the scope of management under the units of the Supreme People's Court, the High People's Court, the People's Courts of the provinces and centrally-run cities, the People's Courts of districts, districts, towns and provincial cities in Vietnam.

The draft plan for the periodical change of working positions must be approved by the collective leadership and committees of the unit; be publicly announced within 15 days for all officials, public employees and employees in the unit to contribute comments; After gathering comments, the leadership team and the committees discussed and approved and reported to the leader directly in charge of the unit.

Change of working position shall be effected by decisions on mobilization, arrangement and assignment of tasks for officials and public employees according to the provisions of law and of the People's Court.

The change of working position for officials and public employees shall be publicly notified to officials and public employees subject to conversion 30 days in advance,from the date of commencement of the change of working positions.

04 cases have not yet done the job change position

(1) Persons being examined and disciplined.

(2) Persons being examined, verified, inspected, investigated, prosecuted or tried.

(3) The person is being treated for a serious illness certified by a competent medical authority; people who are going to concentrated school for 12 months or more, people who are being seconded.

(4) Women who are pregnant or nursing a baby under 36 months old; men who are raising children under 36 months old due to the death of their wives or in other objective cases, except for cases according to the wishes of civil servants or public employees.

In case of the job position change is not made

Do not periodically change positions for officials whose remaining working time is less than 18 months before reaching retirement age.

Decision 2008/QD-TANDTC takes effect from November 26th, 2021 and replaces Decision 1260/2008/QD-TANDTC dated September 24, 2008.

Bao Ngoc


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